WRIT OF AMPARO  It is preventive in that it breaks the
expectations of impunity in the
Writ of Amparo is a remedy available to any
person whose right to life, liberty and security
has been violated or is threatened with violation
by an unlawful act or omission of a public official
or employee, or of a private individual or entity.
The writ was intended to address extra-legal
killings and enforced disappearances or threats
thereof.
The Writ of Amparo is distinguished from Writ
of Habeas Corpus in that it covers violations of
constitutional and civil rights other than the right
to unlawful deprivation of liberty, like extralegal
killings and enforced disappearances.
Extralegal killings are killings committed without
due process of law.
Enforced Disappearances are attended by the
following characteristics:
 Arrest, detention, abduction by a
government official, organized groups,
or private individuals acting with the
direct or indirect acquiescence of the
government;
 Refusal of the State to disclose the fate
or whereabouts of the person
concerned; or
 Refusal to acknowledge the deprivation
of liberty which places such persons
outside the protection of law.
Nature of Writ of Amparo
 It is extraordinary and remedial;
 It is an independent and summary
remedy that provides rapid judicial relief
to protect people’s right to life, liberty
and security;
commission of these offenses; and
 It is curative in that it facilitates the
subsequent and summary remedy that
provides rapid judicial relief to protect
the people’s right to life, liberty and
security.
Cases Where Writ of Amparo Applies
It is confined only to cases of extralegal killings
and enforced disappearances, or threats
thereof.
It cannot be issued on amorphous and uncertain
grounds, or in cases where the alleged threat has
ceased and is no longer imminent or continuing;
it must be granted judiciously.
Note: The Revised Rule on Summary Procedure
is NOT APPLICABLE in Amparo proceeding,
because it is a special proceeding. It is a remedy
by which a party seeks to establish a status, a
right, or a particular fact. It is NOT civil nor a
criminal action.
Governing Law
The Rule on the Writ of Amparo
(A.M. No. 07-9-12-SC)
Note: A memorandum is a prohibited pleading
under the Rule on the Writ of Amparo.
Who may file (order of preference):
By the aggrieved party or by any qualified person
or entity in the following order:
1. Any member of the immediate family,
namely: the spouse, children and
parents of the aggrieved party;
2. Any ascendant, descendant or collateral
relative of the aggrieved party within the
 fourth civil degree of consanguinity or
affinity, in default of those mentioned in
the preceding paragraph; or
3. Any concerned citizen, organization,
association or institution, if there is no
known member of the immediate family
or relative of the aggrieved party.
Filing of a petition by the aggrieved party
suspends the right of all other authorized parties
to file similar petitions.
Likewise, the filing of the petition by an
authorized party on behalf of the aggrieved party
suspends the right of all others, observing the
order established herein (Sec. 2).
Ratio: To prevent the indiscriminate and
groundless filing of petitions for Amparo which
may even prejudice the right to life, liberty or
security of the aggrieved party.
Filing
When to file
On any day and at any time.
Note: Due to the extraordinary nature of the
writ, which protects the mother of all rights –the
right to life – the petition may be filed on any
day, including Saturdays, Sundays and holidays;
and at any time, from morning until evening.
Where to file
 With the RTC of the place where the
threat, act or omission was committed
or any of its elements occurred;
 With the Sandiganbayan or the Court of
Appeals, the Supreme Court, or any
justice of such courts.
The writ shall be enforceable anywhere in the
Philippines.
Note: Basically similar to the Rule on petitions
for the writ of habeas corpus. It is, however,
different because it includes the Sandiganbayan
for the reason that public officials and
employees will be respondents in Amparo
petitions.
Where Returnable; Enforceable
 When issued by a RTC or any judge
thereof, the writ shall be returnable
before such court or judge.
 When issued by the Sandiganbayan or
the Court of Appeals, or any of their
justices, it may be returnable before
cush court or any justice thereof, or to
any RTC of the place where the threat,
act or omission was committed or any of
its elements occurred;
 When issued by the Supreme Court or
any of its justices, it may be returnable
before such Court or any justices
thereof, or before the Sandiganbayan or
the Court of Appeals or any of their
justices, or to any RTC of the place where
the threat, act or omission was
committed or any of its elements
occurred.
No docket and other lawful fees
The court, justice or judge shall docket the
petition and act upon it immediately.
Ratio: The enforcement of these sacrosanct
rights should not be frustrated by lack of
finances.
Contents of the verified petition
1. Personal circumstances of the petitioner
2. Name and personal circumstances of the
respondent responsible for the threat,
act or omission, if name is unknown or
uncertain, may be described as an
assumed appellation;
 3. Violated or threatened right to life,
liberty or security of the party aggrieved,
stating in detail the circumstances;
4. Specify the names, personal
circumstances of the investigating
authority or individuals, as well as the
manner and conduct of investigation;
5. Actions and recourses taken by the
petitioner to determine the
whereabouts of aggrieved party and
identity of the person responsible for
the threat, act or omission;
6. The relief prayed for, may include a
general prayer for other just and
equitable reliefs may be included (Sec.
5).
Issuance of the Writ
Upon the filing of the petition, the court, justice
or judge shall immediately order the issuance of
the writ if on its face it ought to issue.
The clerk of court shall issue the writ under the
seal of the court; or in case of urgent necessity,
the justice or the judge may issue the writ under
his or her own hand, and may deputize any office
or person to serve it. The writ shall also set the
date and time for summary hearing of the
petition which shall not be later than seven (7)
days from the date of its issuance.
How served
Through personal service by a judicial officer or
by a person deputized by the court, justice or
judge who shall retain a copy on which to make
a return of service. Substituted service may also
apply where the writ cannot be served
personally.
Punishment for refusal to issue or serve the writ
Contempt without prejudice to other disciplinary
actions (Sec. 16).
Return
Within 72 hours after service of the writ, the
respondent shall file a verified written return
together with supporting affidavits.
Contents of return
1. The lawful defenses to show that the
respondent did not violate or threaten with
violation the right to life, liberty and security of
the aggrieved party, through any act or
omission;
2. The steps or actions taken by the respondent
to determine the fate or whereabouts of the
aggrieved party and the person or persons
responsible for the threat, act or omission;
3. All relevant information in the possession of
the respondent pertaining to the threat, act or
omission against the aggrieved party; and
4. If the respondent is a public official or
employee, the return shall further state the
actions that have been or will still be taken:
a. To verify the identity of the aggrieved
party;
b. To recover and preserve evidence
related to the death or disappearance of
the person identified in the petition
which may aid in the prosecution of the
person or persons responsible.
c. To identify witnesses and obtain
statements from them concerning the
death or disappearance;
d. To determine the cause, manner,
location and time of death or
disappearance as well as any pattern or
practice that may have brought about
the death or disappearance;
e. To identify and apprehend the person or
persons involved in the death or
disappearance; and
f. To bring the suspected offenders before
a competent court.
The return shall also state other matters relevant
to the investigation, its resolution and the
prosecution of the case.